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MERCURY FREE PARTNERSHIP DEVELOPS DRAFT
OF GROUNDBREAKING LEGISLATION TO KEEP AIR AND WATER CLEAN

Communities and Individuals Form
Coalition Focused on Mercury Reduction within

Broad Environmental Policy

September 9,
2009—The Mercury Free Partnership has developed a draft of legislation
which would reduce 90% of harmful mercury emissions from coal-fired power plants,
the largest emitter of mercury in the United States. This draft, called the
Mercury Reduction Act of 2009, would target coal-fired plants which emit more
than 100,000 pounds of mercury into the air each year. In fact, the EPA
estimates that about 250 pounds of mercury are currently pumped out of
U.S. coal-fired plants into the atmosphere every single day, contaminating our
nation’s air and water supplies. Contamination not only poses a multitude
of health risks to extremely vulnerable citizens, but it also significantly
affects the economic interests of related industries. This is an important
initiative because so much attention has been focused on global climate change;
what has to be realized is that immediate mercury reduction alone would significantly
enhance environmental and health benefits in our world. The purpose of this
draft is to initiate dialogue with all concerned stakeholders in order to
develop a finalized piece of legislation.

The Mercury Free
Partnership believes that the
new administration will be taking the necessary steps to curb various
industrial emissions and ensure that citizens are protected from many harmful
chemicals produced by the market. To make certain that mercury emissions are
not swept under the rug in this crucial time period, the Mercury Free
Partnership will focus on engaging Congress to work on delivering sensible
mercury reduction legislation in the coming session. This can be done with
new green technologies that will save lives, create jobs and build momentum for
comprehensive environmental change.

The Proposed Legislative Principles of
the Mercury Reduction Act of 2009

The key elements of the proposal are as
follows:

Phased
reductions that are achievable by utilities versus one hard standard.

80%
of capture inlet mercury by 2012 (a level that can be met with current
technology).

90%
of capture inlet mercury by 2015.

Flexible
monitoring systems.

Excess
emissions penalties of $50,000 for each pound of mercury emitted over the
limit.

These points show how the Mercury
Reduction Act will deal directly with the problem of mercury, and will do so in
an immediate manner. According to Hazel N. Dukes, President of the NAACP New
York State Conference, more focus is needed on particular legislation:
“While we recognize the desire to also tackle the broader air issues, we
fear that those issues will get bogged down in partisan wrangling, or most
likely litigation, and we will end up with years more of pollution impacting
our community.”The Mercury Reduction Act
will serve as interim bridge to current legislation, providing one national
standard for mercury reduction, while providing measureable, achievable
reductions of mercury from coal-fired plants. Most importantly, the MRA
provides a significant environmental benefit in an area not addressed by larger
climate change legislation moving through Congress: mercury reduction.

Mercury emissions are a major health
issue with serious financial impact, but technology exists today that can clean
up to 90% of airborne mercury emissions from coal-fired plants.

There are many effective technologies to
reduce mercury. One such technology is called Activated Carbon Injection (ACI).
It has been found to reduce 90% of the mercury emissions from waste incinerators.
A small amount of activated carbon is injected into the plant ductwork where it
captures the gaseous mercury and then is removed along with the plant’s
fly ash in particulate collectors. This highly effective environmental
solution is very cost-effective, costing only about $1 per month per
residential customer for 90% reductions according to a detailed 2004 study by
the National Wildlife Federation, and significant cost reductions have been
made since then.

Recent
evaluations by the Government Accountability Office (GAO) have confirmed that
the technology to reduce mercury emissions from coal-fired power plants by up
to 90% percent exists. In testimony submitted to the Senate Subcommittee on
Clean Air and Nuclear Safety, John B. Stephenson, Director of Natural Resources
& Environment at the GAO, explains how sorbent injection systems have
demonstrated the ability to reduce mercury emissions from coal-fired power
plants anywhere from 80 to 90%.

How to
Support the Mercury Free Partnership and the Mercury Reduction Act of 2009

The Mercury Free
Partnership is looking to partner with a broad base of individuals and
organizations, as no one organization or individual can tackle the daunting
task of environmental/health protection alone. It has already received the
support of a broad cross-section of environmental, community and science-based
groups, including a majority of utilities in key coal-fired utility states.
Indications of support have been shown from the EPA, the Obama administration,
as well as a large number of congressional members from key regions of the U.S.
The Mercury Free Partnership has the specialized and localized knowledge needed
to fully inform state and national policymakers as they consider impending
legislation.

The House
Committee on Energy and Commerce, and more specifically the Subcommittee on
Energy and the Environment, oversees such legislation. In addition to
contacting the Mercury Free Partnership, you can contact the office of Rick
Boucher (VA-9) directly at:

The Mercury Free Partnership is a group
of organizations, non-profits, and green businesses that are dedicated to
enacting sensible and comprehensive Mercury reduction legislation in the 2009
U.S. Congressional session. Working collectively with all stakeholders, the
utility industry, medical and advocacy groups and clean coal industries we
believe we can achieve our goal of removing significant amounts of Mercury from
the environment while maintaining essential energy and financial areas of our
economy.

I prefer reforestation in developing countries like Haiti where reforestation has great social justice impacts, but the bottom line is great: actually removing CO2 from the atmosphere:

BALTIMORE STUDENTS AND LAWYERS TEAM UP TO
LAUNCH THE ABA’S ONE MILLION TREES PROJECT

CHICAGO, Sept 18, 2009 – The American Bar Association,
in partnership with the Alliance for Community Trees (ACT) and the Parks &
People Foundation, will kick off the ABA’s One
Million Trees Project in a public ceremony Sept. 23 at Franklin Square
Elementary/Middle School in West Baltimore.

The ABA’s One Million Trees Project is a five-year
national effort to plant one million trees across the United States.
Overseen by the local ACT affiliate Parks & People Foundation, the Franklin
Square project will bring together volunteer ABA
members along with students, teachers and community members to plant trees in
the schoolyard and around the building as part of the campaign to beautify Baltimore’s
neighborhoods.

WHAT:
Participants will plant 10 to 15 trees at the Franklin Square schoolyard,
surrounding streets and nearby park, as well as weed, mulch and install
flowering beds. The tree planting event will also serve as the launching
point for NeighborWoods Month, a
community service campaign to heighten awareness for trees in cities all around
the nation

The Obama administration on Tuesday formally proposed joint CAFE-CAA fuel
efficiency standards for cars and trucks that link fuel economy to reduced emissions from vehicles. Manufacturers would need to increase fuel
economy 5 percent per year from 2012 to 2016, with new cars and trucks averaging 35.5 miles per gallon by 2016. Alternatively, manufacturers must meet a
requirement that their vehicles on average emit no more than 250 grams
of carbon dioxide per mile. With current technology, the measures are
essentially equivalent. Current CAFE standards require that cars average 27.5 miles per gallon and light trucks average 23.1 miles per
gallon. Download 2012-2016_CAFE_GHGN_PRM EPA
Administrator Lisa P. Jackson estimates the proposed regulations would save
1.8 billion gallons of oil between 2012 and 2016, and prevent
greenhouse-gas equivalent to the output of 42 million cars.

According to the Washington Post, Washington Post story President Obama appeared at a General Motors plant in
Lordstown, Ohio, claiming the proposal is a boon for both the environment and the automobile industry because "it will give our auto companies some long-overdue clarity,
stability and predictability." The Alliance of Auto Manufacturers, the industry trade group, supported Obama's remarks, stating "This is really the road map for automakers to follow." AAM estimated that the required changes would
cost the auto industry $60 billion by 2016, but did not
provide an estimate of price increase that consumers would experience..

The proposal, if finalized in a timely manner -- i.e. before Copenhagen -- is a victory on one front of the battle to reduce U.S. greenhouse gas emissions. The other front is the legislation to cap GHGs from stationary sources such as utility and industrial powerplants. According to the Washington Post, Senate Majority Leader Harry M. Reid (D-Nev.) said yesterday that the Senate
may not act on climate legislation until next year. The Obama administration, of course, could pressure Congress by proceeding to regulate GHGs under the existing Clean Air Act through calling for new State Implementation Plans, requiring New Source Review permits impose LAER and BACT for GHG, and imposing New Source Performance Standards for GHG. However, the Administration is unlikely to play chicken with Congress absent proof that Congress is truly dragging its feet.

The Supreme Court in Massachusetts v. EPA almost 2 1/2 years ago determined that EPA has the power to
regulate greenhouse gases from vehicles, prompting yesterday's action.

WASHINGTON
– U.S. Department of Transportation (DOT) Secretary Ray LaHood and U.S.
Environmental Protection Agency (EPA) Administrator Lisa P. Jackson
today jointly proposed a rule establishing an historic national program
that would improve vehicle fuel economy and reduce greenhouse gases.Their
proposal builds upon core principles President Obama announced with
automakers, the United Auto Workers, leaders in the environmental
community, governors and state officials in May, and would provide
coordinated national vehicle fuel efficiency and emissions standards.The proposed program would also
conserve billions of barrels of oil, save consumers money at the pump,
increase fuel economy, and reduce millions of tons of greenhouse gas
emissions.

“American
drivers will keep more money in their pockets, put less pollution into
the air, and help reduce a dependence on oil that sends billions of
dollars out of our economy every year,” said EPA Administrator Lisa P. Jackson.“By bringing
together a broad coalition of stakeholders – including an unprecedented partnership with American automakers –
we have crafted a path forward that is win-win for our health, our
environment, and our economy. Through that partnership, we’ve taken the
historic step of proposing the nation’s first ever greenhouse gas
emissions standards for vehicles, and moved substantially closer to an
efficient, clean energy future.”

“The
increases in fuel economy and the reductions in greenhouse gases we are
proposing today would bring about a new era in automotive history,”
Transportation Secretary Ray LaHood said. “These proposed standards
would help consumers save money at the gas pump, help the environment,
and decrease our dependence on oil – all while ensuring that consumers
still have a full range of vehicle choices.”

Under
the proposed program, which covers model years 2012 through 2016,
automobile manufacturers would be able to build a single, light-duty
national fleet that satisfies all federal requirements as well as the
standards of California and other states. The proposed program includes
miles per gallon requirements under NHTSA’s Corporate Average Fuel
Economy Standards (CAFE) program and the first-ever national emissions
standards under EPA’s greenhouse gas program. The collaboration of
federal agencies for this proposal also allows for clearer rules for
all automakers, instead of three standards (DOT, EPA, and a state
standard).

Specifically, the program would:

·Increase fuel
economy by approximately five percent every year

·Reduce greenhouse
gas emissions by nearly 950 million metric tons

·Save the average
car buyermore than $3,000 in fuel costs

·Conserve 1.8
billion barrels of oil

Increase Fuel Economy and Reduce Carbon Dioxide Emissions:

The proposed national program would
require model year 2016 vehicles to meet an estimated combined average
emission level of 250 grams of carbon dioxide per mile. Under the
proposed program, the overall light-duty vehicle fleet would reach 35.5
miles per gallon (mpg) in model year 2016, if all reductions were made
through fuel economy improvements. If this occurs, Congress’ fuel
economy goal of 35.0 mpg by 2020 will be met four years ahead of
schedule. This would surpass the CAFE law passed by Congress in 2007,
which required an average fuel economy of 35 mpg in 2020.

Reduce Greenhouse Gases:

Climate change poses a significant long-term threat to America’s environment. The vehicles subject to the proposed rules announced today are responsible for almost 60 percent of all U.S.
transportation-related greenhouse gas emissions. These will be the nation’s first ever national greenhouse gas standards. The
proposed standards would require model year 2016 vehicles to meet an
estimated combined average emission level of 250 grams of carbon
dioxide per mile under EPA’s greenhouse gas program. The combined EPA
and NHTSA standards would reduce carbon dioxide emissions from the
light-duty vehicle fleet by about 21 percent in 2030 over the level
that would occur in the absence of any new greenhouse gas or fuel
economy standards. The greenhouse gas emission reductions this program
would bring about are equivalent to the emissions of 42 million cars.

Save Consumers Money:

NHTSA and EPA estimate that U.S.
consumers who purchase their vehicle outright would save enough in
lower fuel costs over the first three years to offset the increases in
vehicle costs. Consumers would save more than $3,000 due to fuel
savings over the lifetime of a model year 2016 vehicle.

Conserve Oil and Increase Energy Security:

The light-duty vehicles subject to this proposed National Program account for about 40 percent of all U.S.
oil consumption. The program will provide important energy security
benefits by conserving 1.8 billion barrels of oil, which is twice the
amount of oil (crude oil and products) imported in 2008 from the Persian Gulf countries, according to the Department of Energy’s Energy Information AdministrationOffice.
These standards also provide important energy security benefits as
light-duty vehicles account for about 60 percent of transportation oil
use.

Within the Auto Industry’s Reach:

EPA
and NHTSA have worked closely to develop this coordinated joint
proposal and have met with many stakeholders including automakers to
insure the standards proposed today are both aggressive and achievable
given the current financial state of the auto industry.

NHTSA
and EPA expect automobile manufacturers would meet these proposed
standards by improving engine efficiency, transmissions and tires, as
well as increasing the use of start-stop technology and improvements in
air conditioning systems. EPA and NHTSA also anticipate that these
standards would promote the more widespread use of advanced fuel-saving
technologies like hybrid vehicles and clean diesel engines.

NHTSA has prepared a Draft Environmental Impact Statement (EIS) for the proposed CAFE standards.The Draft EIS compares the environmental impacts of the agency’s proposal and reasonable alternatives.NHTSA is providing a 45-day comment period on the Draft EIS.Information on the submission of comments is provided at the above NHTSA Web address.

Here's an interesting new law ranking system authored by Josh Gellers, a 3rd year PhD student in Political Science
at UC Irvine, who is applying to law school and interested
in practicing environmental law. He devised a statistical ranking of all major
environmental law programs. Link
to the ELPR:
http://spreadsheets.google.com/pub?key=tXWyWMzdoyb7k-UKYdEBzQQ&output=html Those who have been readers know my position on all of this nonsense: I continue to refuse to respond to USNWR's survey. Cooperating with evil is evil.

In case you want to abuse Mr.Gellers or offer him admission, he is
Assistant Director, Focused Research Group in International
Environmental Cooperation and an Affiliate, Center for Research on
International and Global Studies, at University of California, Irvine,
3151 Social Science Plaza A, Irvine, CA 92697,

OK, OK, you want to know the bottom line. Based on rankings
allocating 30% to environmental resources, 60% to job prospects, and 10% to
specialty, his list is rather unsurprising:

Top 5 Harvard, Berkeley, Yale,
Stanford, NYU,

6-10 Duke, Georgetown, UVa, Tulane, Michigan,

11-15 GW, Vermont, Columbia, UCLA, Boston College,

16-20 Penn, Northwestern, L&C, Chicago, Minnesota,

21-25 Boston U, Texas, Vanderbilt, Notre Dame, Washington U

26-30 Cornell, Emory, Colorado, Indiana, Illinois-UC

31-35 USC, Pace, Florida, Arizona, Maryland,

35-39 Denver, Utah, FSU, Oregon

I like the list ending at 39 -- the rest of us can sleep at night, in the firm belief that we are associated with number 40. Kudos to the tier 3 school - Vermont and the tier 4 school - PACE - that managed to raise themselves with their bootstraps to 12th and 32nd in this student's estimation. Tulane also deserves some applause, making the top 10 when their USNW ranking is 45.

Interestingly enough, as a student, I made my choice from the first four law schools on the list - based on general reputation. I suspect it really is at the margins that our Environmental Law Programs, however glorious, make a difference in student choices.

Take a look at this chart available at Visualizing Economics You can also click the image to see it in a pop-up window. It shows China, India, Russia and Brazil with rapidly growing GDPs between now and 2050.